C.Premkumar v. C.Mahalakshmi

T.O.S No.3 of 2005

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN T.O.S No.3 of 2005 (O.P No.215 of 2004) Geetha Premkumar ... Plaintiff Vs.

C.Mahalakshmi ... Defendant Prayer: Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act, XXXIX of 1925 read with Order XXV Rule 4 of the Original Side Rules for the grant of probate in respect of the last Will and Testament of the deceased Late C.Premkumar. Against this petition, a Caveat and supporting affidavit was filed by the Caveator. As per order of this Court dated 31.01.2005, the Original Petition was converted into Testamentary Original Suit No.3 of 2005.

For Plaintiff : No Appearance For Defendants : No Appearance A.A.NAKKIRAN,J.

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J U D G M E N T

When the matter was taken up for hearing on 09.08.2023, there was no representation on behalf of the plaintiff and hence, this Court directed the Registry to print the name of the plaintiff in the cause list and also issue notice the plaintiff and post the matter on 31.08.2023. Even today, (31.08.2023) the plaintiff is not appeared before this Court even after receipt of court notice. Hence, this Testamentary Original Suit is dismissed for non-prosecution. No costs.

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